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U.S. ballot initiatives signal major shift in social policy

Associated Press

Posted:
11/07/2012 01:11:24 AM EST

Updated:
11/07/2012 01:11:24 AM EST

Wednesday November 7, 2012

While the general election might not break partisan gridlock in Congress, it could result in historic changes for U.S. social policy: Several states had a chance to be the first to approve same-sex marriage by popular vote and to legalize recreational use of marijuana.

Dating back to 1998, same-sex marriage has been rejected in all 32 states that have held popular votes on the issue. Gay-rights advocates believed they had a chance to break that streak as Maine, Maryland and Washington voted on ballot measures to legalize same-sex marriage, and Minnesota voted on whether to place a ban on gay marriage in the state constitution.

Incomplete returns showed close contests in Maine and Maryland.

Marijuana legalization was on the ballot in Washington, Oregon and Colorado; each measure would allow adults to possess small amounts of pot under a regimen of state regulation and taxation. The Oregon proposal had lagged, but the Washington and Colorado measures were believed to have a decent chance of passage.

If approved, the measures would set up a direct challenge to federal drug law.

In Massachusetts, voters approved a measure to allow marijuana use for medical reasons, joining 17 other states. Arkansas voters were deciding on a similar measure that would make it the first Southern state in that group.

In California, voters were deciding whether to repeal the state’s death penalty.

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If the measure prevailed, the more than 720 inmates on death row there would have their sentences converted to life in prison.

While 17 states have ended capital punishment, most did so through legislative action. Only in Oregon, in 1964, did voters choose to repeal the death penalty; they later reversed themselves to reinstate it.

In all, there were 176 measures on the ballots Tuesday in 38 states, according to the Initiative and Referendum Institute at the University of Southern California.

Maine’s referendum on same-sex marriage marked the first time that gay-rights supporters put the issue to a popular vote. They collected enough signatures over the summer to schedule the vote, hoping to reverse the outcome of a 2009 referendum that quashed a gay-marriage law enacted by the Legislature.

In both Maryland and Washington, gay-marriage laws were approved by lawmakers and signed by the governors earlier this year, but opponents gathered enough signatures to challenge the laws.

In Minnesota, the question was whether the state would join 30 others in placing a ban on gay marriage in its constitution. Even if the ban is defeated, same-sex marriage would remain illegal in Minnesota under statute.

Gay marriage is legal in six states and the District of Columbia -- in each case the result of legislation or court orders, not by a vote of the people.

Other notable ballot measures:

n In Oklahoma, voters approved a Republican-backed measure that wipes out all affirmative action programs in state government hiring, education and contracting practices. Similar steps have been taken previously in Arizona, California, Michigan, Nebraska and Washington.

n Florida voters rejected a proposal that would have banned government mandates for obtaining insurance such as required by President Barack Obama’s health care overhaul. Floridians also rejected a proposed constitutional amendment that would have limited revenue growth to match increases in population and cost of living.

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